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A statutory declaration is a written document signed by someone declaring certain statements to be true, witnessed by an authorized person. Laws vary by jurisdiction, but typically require verification of identity, competence, and penalties for false statements. The form must meet jurisdiction requirements and can be used for various purposes, including in court. False statements carry criminal penalties. Free declaration forms are available through government websites.
A statutory statement is a written document signed by someone stating that certain statements are true. The declarations may concern any matter which falls within the personal knowledge of the person making the declaration, or rather of the declarant. The document must be signed in front of a person authorized by law to make a statement. The UK, Australia and Canada have laws setting out specific requirements for a valid statutory declaration. The requirements vary for each jurisdiction.
Jurisdictions authorize certain individuals to make a legal statement. This person acts as a witness to the signing of the document. Laws typically also require that the witness verify the identity of the person making the statement, check that they are competent, and inform the registrant that there are penalties for making a false statement. The person acting as a witness must provide a full name, address and qualifications in the document. The witness must also sign and date the document.
There are criminal penalties for knowingly making a false statement in a statement of law. Australia’s Statutory Statements Act 1959, for example, imposes imprisonment of up to four years for an intentional misrepresentation. Other jurisdictions impose fines and imprisonment.
A statutory declaration must be in the form prescribed by law. The Australia form provides a section for the registrant’s name, address and occupation. Next, the form presents a section for entering the registrant’s statements, which must be listed in numbered paragraphs. The last paragraph states that all claims are true and includes language acknowledging that the registrant understands that making a false statement is a punishable offence. The declarant then signs and dates the document together with the authorized witness.
Jurisdictions vary in how a person can use a statutory declaration. People have used this document as proof of ownership of personal property, to change a name, to prove loss of business, transfer of property, and for various other purposes. A statement can also be used in court. However, a judge decides how much weight to afford such a document.
For a legal statement to be valid, it must be filled out completely. The form must also meet the requirements of the jurisdiction in which an individual intends to use the document. Free declaration forms are often available through government websites. A person can also complete a legal declaration form. As long as such a form complies with the requirements of a jurisdiction, it will usually be deemed valid.
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